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Module title: Obligations 2

SCQF level: 07:
SCQF credit value: 20.00
ECTS credit value: 10

Module code: LAW07107
Module leader: MR FRANCIS MCMANUS
School Accounting Financial Services and Law
Subject area group: Law
Prerequisites

There are no pre-requisites for this module to be added


What you will learn and what this module is about:

This module builds upon Obligations 1 and introduces the Law of Involuntary Obligations. You will learn to interpret legal rules and principles that regulate the Scots Law of Delict and how to apply these to problem-solving legal analysis. The module includes the professional requirements for the Law Society of Scotland's exemptions in Delict and Unjust Enrichment.

Description of module content:

This module is designed to take the student through the nature of Scots Law of Delict and Unjust Enrichment. You will learn about the principles of delictual liability and how they inter-relate with the English equivalent, Law of Tort. You will more comprehensively learn to analyse the law of negligence including duty of care, breach of duty, causation and the defences applicable in actions based on negligence. Delictual liability will be examined in the context of vicarious liability, liability for: third parties, economic loss, nervous shock, negligent statements, defective products, liability for animals and defamation. You will also learn about the remedies available in delict and examine the law relating to nuisance.

Learning Outcomes for module:

LO1: Consider the fundamental nature of the Delictual Liability and Unjust Enrichment.
LO2: Explore the concept of negligence including duty of care, breach of duty and causation.
LO3: Consider delictual liabilities in respect of product liability, occupier's liability, defamation, assault, breach of confidence and the law of nuisance.
LO4: Explain the defences applicable to actions based on negligence and other delictual based liabilities.
LO5: Examine and illustrate the use of delictual remedies.
LO6: Utilise legal problem-solving skills in the context of delictual and quasi-contractual liabilities.

Indicative References and Reading List - URL:

T1: Delict (2nd edition) 2007 McManus and Russell
T2: Delictual liability (3rd edition) 2005 Thomson
T3: Delict (4th edition) 2004 Stewart
T4: Casebook on Delict (2nd edition) 1997 Stewart
T5: Unlocking Torts (2nd edition) 2007 Turner and Hodge
T6: Tort (16th edition) 2002 Winfield and Jolowicz

Click here to view this module's reading list.

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